WEBSITE TERMS OF USE
This site is operated by 4510810 Canada Inc. doing
business as "HARDtv
". The following terms and conditions
(collectively "Terms of Use") apply to all websites
operated by 4510810 Canada Inc. (referred to
individually and collectively hereinafter as the
"Site"). PLEASE READ THESE TERMS OF USE AND THE PRIVACY
POLICY CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR
USING THIS SITE AND/OR SUBMITTING INFORMATION TO US YOU
ARE AGREEING TO THESE TERMS OF USE. If you do not agree
to these Terms of Use, please do not use this Site.
4510810 Canada Inc. recommends that you print a copy of
these Terms of Use and the Privacy Policy for your
records.
1. Intellectual Property Rights Notices
All material on this Site, including but not limited to,
all text, data, sound, visual images, graphics, site
design, software, programming, and all other content,
and the selection, organization, functionality,
performance and arrangement of the foregoing (each
individual and collectively, the "Content"), is owned or
licensed by 4510810 Canada Inc. (the "Content Owner").
The Content Owner and/or its licensors own the copyright
in all such materials unless otherwise indicated. The
trade-marks (including all logos and designs) appearing
on this website are the property of 4510810 Canada Inc.
unless otherwise noted, and are used under license if
not being used by 4510810 Canada Inc. directly. All
trademarks that are not the property of 4510810 Canada
Inc. are the property of their respective owners. You
agree that if you do obtain permission from the Content
Owner to copy a portion of the Content, such copies
shall retain all trade-mark, copyright and other
proprietary notices in the same form and manner as on
the original.
2. Restrictions on Use
The Content Owner permits you to access, use and print a
copy of the Content on this Site from your personal
computer for your own personal use. You shall not
modify, publish, transmit, transfer, upload, download,
hyperlink to, frame, sell, reproduce, create derivative
works from, distribute, perform, display, or in any way
otherwise use or exploit the Site or any of the Content
in any manner, in whole or in part, except as expressly
permitted in this Agreement or with the prior written
consent of the Content Owner. Use of the Site or its
Content for any purpose other than as expressly
permitted in these Terms of Use (including use of any
such material on any other web site or networked
computer environment) is a violation of the Content
Owner's (and/or its licensors') intellectual property
rights and other proprietary rights. Any use of the Site
or the Content in whole or in part for any other purpose
is strictly prohibited and may subject you to civil and
criminal liability. If you require further information
on a permitted use or license to reproduce, republish or
hyperlink to any Content, address your inquiry to:
inquiries@hardtv.ca.
3. Disclaimers
No Reliance - ALL OF THE CONTENT CONTAINED ON THIS SITE
IS PROVIDED TO YOU FOR INFORMATION PURPOSES ONLY.
Information and Content provided by 4510810 Canada Inc.
and other sources on this Site is believed to be
accurate and reliable when placed on the Site, but we
cannot guarantee it is accurate or complete or current
at all times. 4510810 Canada Inc. shall not be
responsible for any detrimental reliance you may place
on this Site.
No Site Warranties - This Site and its Content,
services, functionality and hyperlinks are provided on
an "as is, as available" basis and without
representations, warranties or conditions of any kind,
either express or implied. 4510810 Canada Inc. does not
warrant that the Site and its Content will be available,
uninterrupted or error-free, that defects will be
corrected, or that the Site or server on which the Site
is hosted are free of viruses or other harmful
components. You agree that 4510810 Canada Inc. will not
be liable for loss or damage to your computer, data, or
computer and telecommunications systems as a result of
your use of this Site. 4510810 Canada Inc. does not
represent or warrant that the information and Content
accessible via this Site is accurate, complete or
current. You expressly agree that the entire risk with
respect to your use of this Site is assumed solely by
you.
Security - Except as expressly stated in our Privacy
Policy, 4510810 Canada Inc. does not make any
representations, warranties or conditions of any kind,
express or implied, as to the security of any
information you may provide or activities you engage in
the course of your use of this Site or any hyperlinked
website.
General - TO THE MAXIMUM EXTENT PERMISSIBLE UNDER
APPLICABLE LAW, 4510810 Canada Inc. DISCLAIMS ALL
REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, REPRESENTATIONS,
WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR
FROM A COURSE OF DEALING OR USAGE OF TRADE.
4. Limitations of Liability
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL 4510810 Canada Inc. AND ITS
SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE
OFFICERS, DIRECTORS, OWNERS, AGENTS, EMPLOYEES,
REPRESENTATIVES AND LICENSORS (COLLECTIVELY, THE
"4510810 Canada Inc. PARTIES") BE LIABLE FOR ANY
SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY LOSSES OR DAMAGES WHATSOEVER (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF REVENUE, LOSS OF
PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED
SAVINGS, INTERRUPTION OF ACTIVITIES, OR ANY OTHER
PECUNIARY OR ECONOMIC LOSS) ARISING OUT OF THE USE OF OR
INABILITY TO USE THIS SITE OR ITS CONTENT, OR ANY
PRODUCT OR SERVICE DESCRIBED OR PROVIDED ON THIS SITE.
IN NO EVENT SHALL ANY 4510810 Canada Inc. PARTY BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF ANY HYPER-LINKED WEBSITE.
(b) IN ANY EVENT AND WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, THE 4510810 Canada Inc. PARTIES' COMBINED
TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS
AND CAUSES OF ACTION, SHALL BE LIMITED IN THE AGGREGATE
TO $50.
(c) You agree that all of the foregoing limitations of
liability are comprehensive and apply to all damages,
losses, expenses, claims and causes of action of any
kind, whether arising from breach of contract, tort
(including negligence), strict liability or otherwise,
and even if any of the 4510810 Canada Inc. Parties have
been advised of or could reasonably foresee the
possibility of such damages, losses, expenses and claims
occurring.
5. Indemnity
You agree to indemnify, defend and hold harmless the
4510810 Canada Inc. Parties from and against any and all
claims, demands, actions, liability, losses, costs and
expenses (including legal fees and expenses) arising
from or related to: (i) any use or alleged use of this
Site under your password or other unique identifier by
any other person, whether or not authorized by you, (ii)
your breach of these Terms of Use, and (iii) your
violation of any law or the rights of any 4510810 Canada
Inc. Party or any third party arising out of your use of
or inability to use this Site, its Contents, any
hyperlinked website, and any of the products and
services made available on this Site. 4510810 Canada
Inc. reserves the right to assume and delegate the
exclusive defense and control of any claims, demands and
actions arising in connection with this indemnity and
you agree to cooperate with 4510810 Canada Inc.'s and
its designees' defense of these claims, demands and
actions.
6. Privacy Policy
During your use of this Site, you may voluntarily submit
personal information to 4510810 Canada Inc. We are
committed to ensuring responsible practices in the
collection, use and disclosure of your personal
information in accordance with applicable law. Please
click here to review our Privacy Policy (the "Privacy
Policy"). The terms and conditions of the Privacy Policy
are incorporated by reference into and form a binding
part of these Terms of Use. BY SUBMITTING PERSONAL
INFORMATION TO 4510810 Canada Inc. OR ITS SERVICE
PROVIDERS AND AGENTS, YOU AGREE TO OUR COLLECTION, USE
AND DISCLOSURE OF SUCH PERSONAL INFORMATION FOR THE
PURPOSES FOR WHICH YOU SUBMITTED THE INFORMATION, AND AS
DESCRIBED IN AND IN ACCORDANCE WITH OUR PRIVACY POLICY,
AND AS PERMITTED OR REQUIRED BY LAW. If you do not agree
with our Privacy Policy, please do not provide 4510810
Canada Inc. with any personal information.
7. Modification or Termination of Site Features
4510810 Canada Inc. reserves the right, in its sole
discretion, to restrict, suspend or terminate your
access to all or any part of this Site at any time for
any reason without prior notice to you and without any
liability to you for doing so. 4510810 Canada Inc. may
change, suspend or discontinue all or any aspect of this
Site at any time, including the availability of any
feature or Content, without prior notice and without
liability to you for doing so.
8. Contest/Game Rules
We may occasionally offer you the opportunity to enter
into contests, games and prize drawings subject to any
further terms and conditions or contest rules. By
entering into such contents and games, you agree to be
bound by such additional terms, conditions and rules.
9. Links to Third Party Sites
This Site may contain hyperlinks to third party
websites, which are provided only as a convenience and
do not necessarily imply endorsement of the linked
website by 4510810 Canada Inc. Access to and use of any
other website linked to the 4510810 Canada Inc. Site is
at your own risk and 4510810 Canada Inc. is not
responsible for the availability, accuracy or
reliability of the contents of any linked website or any
link contained in a linked website.
10. Changes to the Terms of Use
4510810 Canada Inc. reserves the right, at any time, to
modify these Terms of Use, and you agree to be bound by
such modifications. Such modifications shall be
effective immediately upon notice thereof, which may be
given by any means including, but not limited to by
electronic or conventional mail. Your use of this Site
following any such notice constitutes your agreement to
follow and be bound by the Terms of Use as modified. If
at any time these Terms of Use are no longer acceptable
to you, you should immediately cease all use of this
Site.
11. Feedback and other Visitor Materials
This Site may enable you to provide us with feedback,
comments, survey results, photographs and other
materials by email or otherwise ("Visitor Materials").
If you provide Visitor Materials you hereby grant
4510810 Canada Inc. a non-exclusive, royalty-free,
perpetual, irrevocable and sub-licensable right to use,
modify, reproduce, publish, create derivative works of,
distribute and display such Visitor Materials world-wide
in any media, now known or hereinafter developed, and
you waive your moral rights in such Visitor Materials.
12. Submission of Creative Materials:
4510810 Canada Inc. and its affiliates do not accept
and/or review unsolicited creative material of any kind.
Any unsolicited materials sent to us by any means
whatsoever will be returned unread and/or discarded at
our sole discretion. Please do NOT submit materials via
the Site or email. We assume absolutely no
responsibility relating thereto and will not respond to
any unsolicited submissions sent via the Site or email.
Any material you send will not be treated as
confidential.
13. Jurisdiction and Governing Law
4510810 Canada Inc. makes no representation that this
Site and the Content are appropriate or available for
use in all locations. Those who choose to access this
Site do so on their own initiative and are responsible
for compliance with local laws, if and to the extent
that local laws are applicable. These Terms of Use
(including the Privacy Policy) and your use of this Site
shall be construed in accordance with and governed by
the laws in force in the Province of Ontario and the
federal laws of Canada applicable therein, without
reference to any choice of law or conflict of law
principles. You hereby irrevocably attorn to the
exclusive jurisdiction of the courts of the Province of
Ontario for any claim related to these Terms of Use
(including the Privacy Policy) and your use of this
Site, and agree not to bring any action, claim, suit or
proceeding against 4510810 Canada Inc., its affiliates
or agents (or any officer, director, or employee
thereof) in any jurisdiction other than the Province of
Ontario.
14. General
If any provision of these Terms of Use (including the
Privacy Policy) are deemed unlawful or unenforceable by
a court of competent jurisdiction, then the impugned
provision shall be deemed severed and shall not affect
the validity and enforceability of any remaining
provisions. These Terms of Use comprise the entire
agreement between you and 4510810 Canada Inc., and
supersede all prior agreements between the parties,
regarding the subject matter contained herein.
15. Acceptance
YOU HEREBY AFFIRM THAT YOU HAVE READ AND AGREE TO BE
BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY. |
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